Date of filling : 24.01.2018
Date of order : 29.09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
THURSDAY THE 29th DAY OF SEPTEMBER 2022
CONSUMER COMPLAINT NO. 10/2018
S. Jai Barath,
S/o. S. Sampath,
No. 32, Proprietor,
Factory Name Raising Star
Import and Export Officer
No. 2, Bangalore Road,
Abdhullapuram Post,
Mottur Bus Stop,
Vellore – 632 010. …Complainant
-Vs-
Assistant Engineer, (O & M)
Tamil Nadu Electricity Board,
No. 251/111, Sivan Badai Street,
Virinchipuram,
Vellore – 632 104. …Opposite party
Counsel for complainant : Thiru. S. Jaishree Devi & Thiru. A. Nedunchezhiyan
Counsel for opposite party : Thiru. M. Puhazhendhee
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.PRESIDENT
This complaint has been filed Under section 12 of Consumer Protection Act, 1986. The complainant has prayed this Hon’ble Commission to direct the opposite party to pay the loss of Rs.6,00,000/- and to pay a sum of Rs.12,00,000/- towards damages for physical and mental strain and also to pay a sum of Rs.10,000/- towards the cost of this complaint.
1.The case of the complaint is briefly as follows:
The complainant is running a natural product factory in the name of Raising Star Import and Export at No.2, Bangalore Road, Abdulapuram. There is defect in the electricity reading meter. As a result there was a vast difference in electricity bills. Therefore, the complainant gave a complaint to the opposite party to check the meter and also to give correct reading. But having waited for more than five months. There was no response from the electricity board. The complainant decided to pay the electricity bills of Rs.73,879/ dated 06.01.2018. Though the opposite party has a received the bill amount on 06.01.2018 at 10.24 a.m till 12.01.2018. Even then, opposite party did not restore the service connection and thereby the complainant had incurred the huge loss. Since, the raw materials like leaves drained and that could not extract the oil. Further their employees were kept ideal and he has forced to pay wages for worker without getting their work. As a result, he incurred almost 3,50,000/- for the seven days. Therefore, there is a deficiency in service on the part of the opposite party. Hence, this complaint.
2. Written version of opposite party is as follows:
The opposite party denied all the allegations set out in the complaint. Further the complainant is not at all connected with the electricity board. He is not the owner and he has not furnished service number. The service owner is one Mr. Loganathan for the service number 227015493. Therefore, no reply was given to him. They inspected service two lines and gave letter on 18.01.2018 to the working workers using the consumption was beyond MB. 4.6 to 20.07. So, bills came high and the meter working condition was good. Electricity Board have lack of consumer and said to reply to them and also as per the tariff condition while reading the repaired machinery or insufficient capacity of machinery service owner should be informed to the E.B that the existing meter is sufficient. But in this case that the complainant does not do so since, he is not service owner. Thiru.Loganathan obtained 4 K.W load but without permission installed new machine and used up to 20 K.W. which is against electricity rules. Therefore, the Hon’ble Commission may be pleased to dismiss this complaint with cost.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A10 were marked. Proof affidavit of opposite party filed. Document was not filed. Written argument of complainant filed. Oral argument of complainant side heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1 & 2: The allegation of the complainant is that there is a difference in reading and he suspect that there may be some defect in the meter. As a result did not pay the bill amount and thereby the opposite party disconnect the electricity service for non-payment of electricity charges. But, the complainant having waited for more than five months. There was no response from the opposite party the complainant himself as decided to pay the disputed electricity amount of Rs.73,879/-. Accordingly he paid on 06.01.2018 and at about 10.20 a.m and he also gave a requisition letter for restoration of the electricity immediately. But, the opposite party took one week to restore the electricity. As a result, he has incurred to the tune of Rs.3,50,000/-. The complainant guidelines during the argument, the complainant produced the electricity disconnection and reconnection. In so far as, the reconnection in the city and town it should be given on the very same day on receipt of the payment from the consumer. In the rural areas within 24 hours receipt of the payment from the consumer. But in the present case, the opposite party took more than seven days to restore the electricity which is in our opinion, there is a deficiency in service on the part of the opposite party. Hence, these Point Nos.1 and 2 are decided in favour of the complainant.
6. POINT NO.3: As we have decided in Point Nos.1 and 2 that there is deficiency in service on the part of the opposite party. The opposite party is hereby directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five thousand only) towards cost to the complainant. Hence, this Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite party is hereby directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five thousand only) towards cost to the complainant, within a one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 29th September 2022.
Sd/- Sd/- Sd/-MEMBER -I MEMBER-II PRESIDENT
LIST OF COMPLAIANNT SIDE DOCUMENTS:
Ex.A1-06.01.2018 – Copy of cash bill issued by the Electricity board opposite party
time 10.24a.m
Ex.A2 - Photos of the factory, workers and electricity board without the
fuse carrier
Ex.A3 - CD recorded video of the line man speech
Ex.A4 - Copy of RAPAD Letter
Ex.A5 - Copy of acknowledgement card and receipt of the RPAD post
Ex.A6 - Copy of Electricity Bill
Ex.A7 - Copy of Rental agreement of the factory
Ex.A8 - Copy of Voucher Bills of the purchased raw materials and
Advance invoice
Ex.A9 - CSR copy of the complaint
Ex.A10 - Copy of the legal notice issued by the complainants advocates
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER –I MEMBER-II PRESIDENT
